Perjury

[openman]

During a deposition, my wife stated that she never connected a flash drive to her computer. However, recently she provided an affidavit stating that she used pen or thumb drives. All this happened because she rarely heard the word “flash drive” and she did not know that it is same as pen or thumb drive. Does it come under perjury? Opposing council is threatening that my wife committed perjury.


In general, if you say something during deposition and later on you produce an affidavit that somewhat contradicts the statement of the deposition, does it come under perjury?

We in in Tampa, Florida

 

[quincy]

During a deposition, my wife stated that she never connected a flash drive to her computer. However, recently she provided an affidavit stating that she used pen or thumb drives. All this happened because she rarely heard the word “flash drive” and she did not know that it is same as pen or thumb drive. Does it come under perjury? Opposing council is threatening that my wife committed perjury.


In general, if you say something during deposition and later on you produce an affidavit that somewhat contradicts the statement of the deposition, does it come under perjury?

We in in Tampa, Florida

Does it come under perjury to say one thing in a deposition and then revise that statement later? Probably not.

Perjury, first of all, is rarely charged and, second of all, a false statement that is made under oath must be knowingly false and it must be material to the case to be considered perjury. I think the opposing counsel is probably trying to intimidate your wife.

 

[cbg]

If she did not know that a flash drive and a thumb drive were the same thing, then no, that is not perjury. She was telling the truth as she understood it to be. The fact that she was mistaken does not make it perjury.

 

[Ohiogal]

Does it come under perjury to say one thing in a deposition and then revise that statement later? Probably not.

Perjury, first of all, is rarely charged and, second of all, a false statement that is made under oath must be knowingly false and it must be material to the case to be considered perjury. I think the opposing counsel is probably trying to intimidate your wife.

Actually contradicting your testimony in sworn statements is the definition of perjury. Both the affidavit and deposition would have been sworn. If they contradict, that is the definition of perjury. Whether it would be charged is a different story.

 

[quincy]

Actually contradicting your testimony in sworn statements is the definition of perjury. Both the affidavit and deposition would have been sworn. If they contradict, that is the definition of perjury. Whether it would be charged is a different story.

There is a "knowingly false" element in perjury.

openman's wife did not willfully and knowingly tell an untruth.

Legal definitions of perjury:

http://legal-dictionary.thefreedictionary.com/perjury
http://dictionary.law.com/Default.aspx?selected=1508

 

[openman]

Thanks for all your information.

 

[Proserpina]

There is a "knowingly false" element in perjury.

openman's wife did not willfully and knowingly tell an untruth.

Legal definitions of perjury:

http://legal-dictionary.thefreedictionary.com/perjury
http://dictionary.law.com/Default.aspx?selected=1508

Perhaps, even, self-correcting erroneous information.

 

[latigo]

There is a "knowingly false" element in perjury.

openman's wife did not willfully and knowingly tell an untruth.

Perhaps Madame OH was out with the flu when the subject of "scienter" was covered.

 

[quincy]

Thanks for all your information.

You're welcome, openman. Thank you for thanking us. We appreciate it.

It can be smart for your wife to have an attorney of her own, by the way, if only to keep the other party's attorney in check.

Good luck.

 

[Zigner]

There is a "knowingly false" element in perjury.

openman's wife did not willfully and knowingly tell an untruth.

If she didn't even know what a flash drive is, how could she answer the question at all? Finding out what a flash drive is take all of 30 seconds...25 to load the browser, 4 to type the question and less than 1 for the answer to appear. Her story that she didn't know what a flash drive is is suspect, at best.

 

[quincy]

If she didn't even know what a flash drive is, how could she answer the question at all? Finding out what a flash drive is take all of 30 seconds...25 to load the browser, 4 to type the question and less than 1 for the answer to appear. Her story that she didn't know what a flash drive is is suspect, at best.

Her first answer came in a deposition where she did not have the opportunity to take 30 seconds to look up the definition of flash drive. In addition, those who are deposed are often nervous, confused and unprepared - especially if they are not represented by counsel. Having your own attorney with you during a deposition helps shield you from another party's aggressive attorney and "trick" questions.

While an "I don't know" answer probably would have been a more appropriate answer for openman's wife to give to the deposition question, it would be very hard to prove that openman's wife knew her answer was false at the time she said it. She seems to have believed that she had never connected a flash drive to her computer. This is in many ways SUPPORTED by the fact that she DID answer in her later affidavit that she had connected a pen drive or thumb drive to her computer. She provided an honest answer. It does not appear she was intentionally trying to deceive anyone in the deposition.

I see no perjury - or any perjury that could be proved. I do not see openman's wife answer in the deposition as "suspect." I DO see the other party's attorney as having asked a badly worded or unclear question during the deposition.

 

[Zigner]

Her first answer came in a deposition where she did not have the opportunity to take 30 seconds to look up the definition of flash drive. In addition, those who are deposed are often nervous, confused and unprepared - especially if they are not represented by counsel. Having your own attorney with you during a deposition helps shield you from another party's aggressive attorney and "trick" questions.

While an "I don't know" answer probably would have been a more appropriate answer for openman's wife to give to the deposition question, it would be very hard to prove that openman's wife knew her answer was false at the time she said it. She seems to have believed that she had never connected a flash drive to her flash drive. This is in many ways SUPPORTED by the fact that she DID answer in her later affidavit that she had connected a pen drive or thumb drive to her computer. She provided an honest answer. It does not appear she was intentionally trying to deceive anyone in the deposition.

I see no perjury - or any perjury that could be proved. I do not see openman's wife answer in the deposition as "suspect." I DO see the other party's attorney as having asked a badly worded or unclear question during the deposition.

Fair enough

 

[quincy]

I also think that the threats of perjury leveled at openman's wife by the opposing party's attorney could be an indication that the opposing party does not have a very strong case. Either that, or the opposing party's attorney is just a jerk.

 

[Paul84]

If she did not know that a flash drive and a thumb drive were the same thing, then no, that is not perjury. She was telling the truth as she understood it to be. The fact that she was mistaken does not make it perjury.

A misunderstanding of terminology like that is common. For example, although I consider myself reasonably tech-savvy, I've always referred to a "flash drive" or "thumb drive" as a USB drive and would not readily have known what the two other terms meant.

 

[quincy]

A misunderstanding of terminology like that is common. For example, although I consider myself reasonably tech-savvy, I've always referred to a "flash drive" or "thumb drive" as a USB drive and would not readily have known what the two other terms meant.

As long as openman doesn't return to say his wife works in IT , it seems highly unlikely that a perjury charge could be supported based on a question that uses a computer term unfamiliar to many.

It can be important in a deposition, though, not to answer any question you do not fully understand. It is okay to ask for clarification. Also, I think some people feel they MUST have an answer to all questions. "I don't know" or "I can't remember" answers are legitimate answers, if you don't know or can't remember. No one should ever "guess" when responding to a question asked in a deposition.